Deepak Roshan, J. - (1.) The instant application is directed against the Order dated 09.02.2017 passed by the Commercial Taxes Tribunal, Jharkhand, Ranchi in Revision Petition bearing No. Hz 60 of 2016 pertaining to Assessment Year 2011-12, whereby the revision petition filed by the petitioner has been dismissed. The petitioner has further challenged the order dated 22.12.2015 passed in Appeal Case No. RG/JVAT/A-03/15-16 whereby the appeal filed by the petitioner against the assessment order dated 12.03.2015 has been rejected. The petitioner has also assailed the assessment order dated 12.03.2015 passed by the respondent No.4, the Assistant Commissioner of Commercial Taxes, Ramgarh Circle, Ramgarh to the extent claim of the petitioner for Input Tax Credit has been rejected.
(2.) In the instant writ application, two questions of law have been raised which is enumerated hereunder:- (i) Whether the petitioner is entitled to claim Input Tax Credit ( ITC in short) on tax paid by it on purchase of coal which is used by it for generation of electricity in its captive power plant and in turn, electricity so generated is used by the petitioner for manufacturing and processing of its finished goods for sale ?; and (ii) Whether in absence of production of statutory declaration form JVAT 404, the claim of ITC can be denied to the petitioner inspite of the fact that the petitioner produced substantial evidence to demonstrate it has purchased goods i.e. inputs after payment of Input Tax ?
(3.) The petitioner is a Company registered under the Companies Act, 1956 and is primarily engaged in the business of manufacture of Sponge Iron and M.S. Billet and is having an integrated manufacturing unit situated in the district of Ramgarh. The integrated manufacturing unit of the petitioner comprises of the following, namely, (i) Direct Reduced Iron Unit (DRI Unit) with 350 Tonne per day (TDP) Capacity; (ii) Steel Melting Shop or Induction furnaces with a monthly capacity of 12500.00 M.T.; and (iii) Captive Thermal Power Plant of 20 MW for generation and captive consumption of electricity.;